[HISTORY: Adopted by the Board of Commissioners of the Township
of Nutley 2-7-2012 by Ord. No. 3193; amended in its entirety 8-15-2017 by Ord. No. 3361. Subsequent amendments noted where applicable.]
There is hereby created, ratified and adopted a new chapter
of the Revised General Ordinances of the Township of Nutley to be
entitled "Historic Preservation Committee."
This chapter has been enacted pursuant to the authority granted
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including,
but not limited to, N.J.S.A. 40:55D-107 to 40:55D-112.
A.
HISTORIC LANDMARK
As used in this chapter, the following terms shall have the following
meanings:
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
designated in the Master Plan as being of historical, archeological,
cultural, scenic, or architectural importance or which has been identified
as an historic landmark in accordance with this chapter.
B.
Exemptions. The certificate of appropriateness requirements of this
chapter shall not apply to the following activities:
(1)
Changes to the interior of a structure unless the property owner
agrees and the interior or parts thereof are historically significant;
(2)
Repair or replacement of any existing building component, provided
that the proposed work does not alter the exterior appearance of the
structure, including but not limited to:
(a)
The installation of storm windows and doors or the installation
of or replacement or repair of existing windows and exterior doors
that does not change the design, profile, dimension, scale or appearance;
(b)
Maintenance and repair of existing roofing material that does
not change design, scale or appearance;
(c)
A structural repair that does not alter the design, scale or
appearance of the structure;
(d)
The replacement, maintenance and repair of existing clapboards,
shingles, or other original siding, associated trim, fascia boards
and soffits, with the same materials or with materials similar in
appropriate size, profile, texture, and appearance. Replacement materials
must keep in character with the traditional look and standard installation
methods as would be found at the time of the structure's construction
or prior renovation. The use of vinyl or aluminum is discouraged;
(e)
Exterior painting, including the change in color of any existing
structures;
(f)
Minor changes that do not by themselves or in conjunction with
prior or subsequent minor changes materially alter the exterior appearance
of the structure, including but not limited to:
[1]
Changes to or replacement of light fixtures that are not designated
as an historic feature or element;
[2]
Changes in mailboxes;
[3]
Changes in house numbering;
[4]
Changes in existing signage that is not designated as an historic
feature or element or the addition of signage;
[5]
Changes in existing awnings that are not designated as an historic
feature or element or the addition of new awnings;
(g)
Repairs or replacement of exterior brick or masonry, including
mortar that does not change the color, style, texture, size, or profile
of the materials;
(h)
Work on the exterior of a structure that does not involve changes
(of existing) penetrations of an exterior wall, windows, doors, skylights,
or roof, including penetrations, replacement or changes for HVAC ducts,
grilles, intake louvers, exhaust louvers, vents and pipes.
The purpose of this chapter is to effectuate and accomplish
the protection, enhancement, and perpetuation of historic buildings,
structures, sites, objects and improvements within the Township of
Nutley, to assist in implementing the historic preservation element
of the Township's Master Plan, and to advance the following public
purposes:
A.
To safeguard the heritage of the Township by preserving the resources
within the Township which reflect elements of its historical significance;
B.
To discourage the unnecessary demolition of historic resources;
C.
To identify, designate, and regulate historic landmarks in order
to preserve their historical significance;
D.
To encourage the continued use of historic landmarks and to facilitate
their appropriate use or reuse;
E.
To maintain and develop an appropriate and harmonious setting for
historic landmarks within the Township of Nutley;
F.
To foster civic pride in the history and architecture of the Township
of Nutley;
G.
To promote appreciation of historic landmarks for the education,
pleasure, and welfare of the local population;
H.
To encourage beautification and private reinvestment in historic
landmarks and surrounding properties;
I.
To manage change of historic landmarks by encouraging sensitive alteration
and/or new construction;
J.
To recognize the importance of historic landmarks by urging property
owners and tenants to maintain their properties in keeping with the
requirements and standards of this chapter;
K.
To encourage the proper maintenance and preservation of historic
settings and landscapes;
L.
To identify particular historic buildings, structures, sites, objects
and improvements of significance to the Township of Nutley reflecting
or exemplifying the broad cultural, political, economic or social
history of the nation, state or community;
M.
To find historic buildings, structures, sites, objects and improvements
associated with an historic personage(s) important in national, state
or local history;
N.
To determine the site of an historical event which had a significant
effect on the development of the nation, state or community;
O.
To identify historic buildings, structures, sites, objects and improvements
which embody the distinctive characteristics of a type, period or
method of architecture or engineering;
P.
To find historic buildings, structures, sites, objects and improvements
that are representative of the work of an important builder, designer,
artist or architect;
Q.
To locate historic buildings, structures, sites, objects and improvements
significant for containing elements of design, detail, materials or
craftsmanship which represent a significant innovation;
R.
To identify historic buildings, structures, sites, objects and improvements
that are able or likely to yield information important in prehistory
or history.
A.
A property may be classified as an historic landmark only if the
property owner consents and if the property satisfies one or more
of the above criteria to be determined at a hearing before the Planning
Board in accordance with the notice provisions set forth in § 410-4.5.
B.
After receiving consent and prior to recommending a building, structure,
site, object or improvement as an historic landmark to the Planning
Board, the Committee shall conduct a meeting of its members to discuss
the proposed recommendation.
C.
The Committee shall provide not less than 20 days' written notice
to the owner(s) of record of the proposed historic landmark to allow
the owner the opportunity to be heard at the Committee meeting.
D.
If the Committee decides to recommend that the building, structure,
site, object or improvement be designated an historic landmark then
a hearing before the Planning Board must be conducted in accordance
with the notice provisions below, before the building, structure,
site, object or improvement can be designated an historic landmark.
Whenever a hearing is required on an application for recommendation
to be designated as an historic landmark by the Historic Preservation
Committee, or for designation as an historic landmark by the Planning
Board, notice must be given as follows:
A.
The Historic Preservation Committee shall send a letter to the Chairman
of the Planning Board to request a hearing date with the Planning
Board. An owner of the property being considered for historic landmark
designation must be given at least 20 days' notice prior to the
hearing by the Planning Board. Notice is to be made by letter sent
by both certified and ordinary mail advising of the date, time and
place of the hearing and the nature of the matters to be considered,
an identification of the property proposed for designation as an historic
landmark by street address, if any, or by reference to lot and block
number as shown on the current tax record in the Municipal Tax Assessor's
office. Notice to a partnership may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or any other person authorized by law
to accept service on behalf of the corporation.
B.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
Each decision on any application for designation as historic
landmark shall be set forth in writing as a resolution of the Planning
Board, which shall include findings of fact and legal conclusions.
A copy of the written decision or resolution shall be mailed by the
Board within 10 days of the date of decision to the Historic Preservation
Committee, to the President of the Nutley Historical Society and to
the owner of the property and to all persons who have requested it
and who have paid the fee prescribed by the Planning Board for such
service. A copy of the decision shall also be filed with the office
of the Municipal Clerk, who shall make a copy of such filed decision
available to any interested party upon payment of a fee calculated
in the same manner as those established for copies of other public
documents in the municipality.
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Publication shall be arranged
by the Secretary of the Planning Board. Said notice shall be sent
to the official newspaper for publication within 10 days of the date
of any such decision.
A.
There is hereby created and designated within the Township an Historic
Preservation Committee to be known as the "Nutley Township Historic
Preservation Committee" (hereinafter referred to as the "Committee")
which shall consist of five members and two alternate members who
shall be appointed by the Mayor, with the consent of the governing
body. The Mayor shall designate at the time of appointment the regular
members by class and the alternate members as "Alternate No. 1" and
"Alternate No. 2." The classes of regular members shall be defined
as follows:
(1)
Class A: a person who is knowledgeable in building design and construction
or architectural history and who may reside outside the Township;
and
(2)
Class B: a person who is knowledgeable in, or who has demonstrated
an interest in, local history and who may reside outside the Township;
and
(3)
Class C: any citizen of the Township who shall hold no other municipal
office, position, or employment except for membership on the Planning
Board or Zoning Board of Adjustment.
B.
There shall be one regular member designated as Class A, one regular
member designated as Class B and three regular members designated
as Class C.
C.
The terms of the members first appointed shall be so determined so
that to the greatest practicable extent, the expiration of the terms
shall be distributed in the case of regular members evenly over the
first four years after their appointment; provided that the initial
term of no regular member shall exceed four years and that the initial
term of no alternate member shall exceed two years. Thereafter, the
term of a regular member shall be four years, and the term of an alternate
member shall be two years.
D.
Vacancies occurring otherwise than by expiration of term shall be
filled for the unexpired term only. Notwithstanding any other provision
herein, the term of any member common to the Committee and the Planning
Board shall be for the term of membership on the Planning Board, and
the term of any member common to the Committee and the Board of Adjustment
shall be for the term of membership on the Board of Adjustment.
E.
The Committee shall elect a Chairperson and Vice Chairperson from
its members and select a Secretary who may or may not be a member
of the Committee or a municipal employee.
F.
The presence of five members, which may include alternate members
filling vacancies of regular members, at a meeting shall constitute
a quorum.
G.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
H.
No member of the Committee shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest.
I.
A member of the Committee may, after public hearing if he or she
requests it, be removed by the Board of Commissioners for cause.
J.
All Committee records and minutes shall be government records within
the meaning of the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.,
and all Committee meetings shall be conducted in accordance with Open
Public Meetings Act, N.J.S.A. 10:4-7 et seq.
A.
The governing body shall make provision in its budget and appropriate
funds for the expenses of the Committee including administrative expenses
for mailings, filings with the county or state. The Committee shall
make application to the Township for these funds.
B.
The Committee may employ, contract for, and fix the compensation
of experts and other staff and services as it shall deem necessary,
and in consultation with the Planning Board and the Commissioners.
The Committee shall obtain its legal counsel from the Municipal Attorney.
The Committee shall have the responsibility to:
A.
Establish a regular schedule of meetings on a monthly basis if necessary
but no less than on a quarterly basis;
B.
Prepare and/or maintain a survey of proposed historic landmarks of
the Township so as to identify historic landmarks that are worthy
of protection and preservation. The criteria for evaluating and designating
historic landmarks shall be guided by the National Register of Historic
Places;
C.
Make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the impact for preservation
of historic landmarks of any other Master Plan elements;
D.
Advise and make recommendations on the designation of real property,
man-made structures, natural objects or configurations or any portion
or group of the foregoing for inclusion as a Township historic landmark
and for inclusion in the New Jersey National Register of Historic
Places which will be subject to final determination by the Planning
Board;
E.
Advise the Planning Board and the Board of Adjustment on applications
for development, when requested;
F.
Carry out such other advisory, educational and informational functions
as will promote historic preservation in the Township;
G.
Review and make decisions regarding any certificates of appropriateness;
H.
Require that a photograph of every historic landmark be created by
the Committee upon the adoption of this chapter or the subsequent
designation of any historic landmark or the completion of work performed
under any certificate of appropriateness which shall be part of the
Committee's records, and part of the zoning department file.
Prior to the renovation of any property designated as an historic
landmark, a certificate of appropriateness, issued by the Committee,
shall be required before any exterior construction work is started
on any historic landmark, whether or not a building permit is required
for such work or unless the exterior construction work is determined
to be exempt.
A.
A certificate of appropriateness is required:
B.
All applicants shall submit an application form accompanied by pictures,
descriptions or other information about changes to the Construction
Official for prompt distribution to the Committee. Applications for
demolition shall include current and historical photographs of the
structure.
C.
Anyone considering action that requires a certificate of appropriateness
is encouraged to request an informal informational meeting with the
Committee or its Chairman to review the design issues and standards
of appropriateness prior to submitting a formal application for a
certificate of appropriateness or for a determination of non-necessity.
A request deemed complete by the Construction Official shall be submitted
to the Committee Secretary and a meeting is to be scheduled within
45 days of said being deemed complete (unless time constraints are
waived by the applicant).
D.
If the property owner fails to consent, the Committee shall hold
a public hearing on all applications for a certificate of appropriateness
if the Committee determines that the desired work is not exempt. The
fee for such a hearing shall be $50.
E.
After the public hearing the Committee shall render a written determination
on the application within 20 days of the hearing explaining the reasons
for the decision (unless time constraints are waived by the applicant).
The Construction Official shall notify the applicant of said determination
in writing within five days. Should the Committee fail to report its
decision within the twenty-day period (unless time constraints are
waived by the applicant), the application will be deemed approved
in favor of issuance of a certificate of appropriateness.
F.
Appeals from the Historic Preservation Committee's decision may be made to the Planning Board, pursuant to § 410-4.2.
G.
A property owner shall post the certificate of appropriateness in
a conspicuous spot on the exterior of the designated structure while
work is in progress. A certificate of appropriateness shall be valid
for two years. If demolition is permitted, the certificate of appropriateness
shall be valid for one year and cannot be extended.
H.
The issuance of a certificate of appropriateness shall not affect
the need for obtaining any other permit or approval for construction
and complying with the requirements of any other law.
A.
The Construction Code Official shall be responsible for enforcement
of this chapter.
B.
Any person who shall undertake any activity that requires compliance
with this chapter and does not do so shall be deemed to be in violation
of this chapter. Any person convicted of violation of this chapter
shall be subject to a penalty not to exceed $500 per day for each
violation. Each act in violation of this chapter shall be deemed a
separate violation of this chapter.
